AustLII Tasmanian Numbered Acts

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MARINE AND SAFETY AUTHORITY AMENDMENT ACT 2000 (NO. 50 OF 2000) - SECT 6

Section 35 amended (Immunity from liability)

Section 35 of the Principal Act is amended as follows:
(a) by inserting the following subsections after subsection (2) :
(2A)  A port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any of those functions or powers, whether statutory or otherwise.
(2B)  A member of the Board of a port company that is engaged by the Authority under section 19 to perform any function of the Authority or to which the Authority has delegated any of its functions or powers or that is engaged by another port company to perform any function or exercise any power of the Authority does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise, on behalf of the port company, of any of those functions or powers, whether statutory or otherwise.
(2C)  An employee, who is not a contractor or a consultant, of a port company that is engaged by the Authority under section 19 to perform any function of the Authority, whether statutory or otherwise, or to which the Authority has delegated any of its functions or powers, whether statutory or otherwise, does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the course of his or her employment.
(2D)  Any person or any person in a class of person appointed as an authorised person under section 44 does not incur any personal liability in respect of any act done, or omitted to be done, in good faith in the performance or exercise or the purported performance or exercise of any function or power under this Act.
(2E)  A person who holds a pilot's licence under the Marine and Safety (Pilotage and Navigation) Regulations 1997 does not incur any personal liability for any damage or loss caused by his or her neglect or lack of skill in providing advice with respect to the navigation of vessels.
(b) by omitting from subsection (3) "or an employee attaches to the Authority" and substituting ", an employee, a port company, a member of the Board of a port company or an employee of a port company attaches to the Authority" ;
(c) by omitting from subsection (4) ", service" ;
(d) by inserting the following subsection after subsection (4) :
(5)  An action does not lie against the Authority for any act done or omitted to be done in relation to any service provided for the operation or safety of vessels.



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